The best steps to take to ensure that all is fair in love... and on the land
The Bull McCabe may have taken his love of the soil to the extreme; however, people can identify with his attachment to land.
Folk in rural Ireland have had a love affair with land for centuries. Land is sacred, passed down from generation to generation. It is a person’s sense of identity and place. It is a source of income and pride.
However, along with religion, it has been both a source of unity and conflict among Irish people.
“She married the land, and asked him to the wedding,” may get a chuckle out of most people who are enjoying marital bliss, or the single life. But when a farmer is facing divorce proceedings, it can be devastating.
Marital breakdown in rural Ireland is full of tales based on the dangers of a man walking up the aisle with a farm and walking back down the aisle with only half a farm.
If you have exhausted counselling and mediation, and you find that your marriage has irretrievably broken down, there is no prospect of reconciliation, and you are facing divorce proceedings — do not panic.
The first step you should take is to consult a solicitor as soon as possible, preferably a solicitor who has knowledge of how a farm works, and what is involved in the day-to-day running of a farm.
Do not make rash decisions. Speak with your solicitor, and weigh up the advantages and disadvantages, before you make any decision. While your personal life might be in turmoil, a farming business needs attention, and the usual day-to-day decisions and work still needs to be attended to, and this is a time when both parties need to reach an early decision on daily practicalities.
Try to avoid court, where possible. Do your best to keep the relationship on amicable terms. It is better to negotiate a settlement outside the courtroom. It will reduce costs, and the parties involved will know a great deal more about the workings of their own farming business, and what a sustainable solution is, than a learned judge.
In order to ensure that the farm is kept intact, creative solutions are required to achieve a solution that both sides are satisfied with.
Your respective solicitors can negotiate on your behalf and try to hammer out an agreement.
Divorce in Ireland does not take fault into account. Be practical. The role of the court is to divide assets, in order to provide financial support for spouses and children, and reach agreements in relation to custody.
It is not meant to punish either party. If you wish to punish your spouse and litigate every issue through the courts, this will be costly, and will not achieve anything, save for further depletion of the assets.
Explore the options. Dividing the farm is rarely an option, unless the holding is significant, and the smaller holding will rarely be viable to provide an income. Often, the income from the farm is the only source of income.
A divorce does not automatically mean that the spouse is entitled to half the farm; the court must ensure that proper provision is made for both parties and dependants.
It may be possible that the spouse takes a lump sum payment and/or the family home. It may be the case that the spouse receives a property located away from the family home.
Perhaps the spouse could be given non-farming assets, such as cash, pension funds, shares or an investment property. Is it possible to sell a site?
In relation to the family home, it is often located on the farm, where the sheds and outhouses are also located. Having a former spouse living in the family home on the farm can lead to difficulties and resentment, especially if another partner moves in. This should be borne in mind.
Also, if a farmer lives too far away from the farm, he is not in a position to simply walk to the outhouse in the middle of the night to check on the cow that is due to calve.
Farmers may be asset rich and cash poor, and it is important to be realistic in relation to making periodic payments to spouses, or giving lump sums. A farm may also be heavily mortgaged.
Attention also has to be given to the seasonal nature of farming and the fact that EU subsidies form a significant portion of many farm incomes.
Ensure you are looking after your children financially. One of the first things a judge will consider is whether you are honouring your responsibilities to your dependent children, if any.
Give an accurate account of your assets and finances to your solicitor. Ensure you instruct an auctioneer that is familiar with farm stock, quotas and machinery. Obtain a realistic valuation of assets.
If you cannot avoid a ‘court battle’, a judge takes various factors into account in the event of a divorce, such as the length of the marriage, the contribution both parties made to the marriage, financial or otherwise, the current and likely future income, earning capacity and assets of each party, the current and future financial needs and obligations of each party, the standard of living of the family before the break-up of the marriage, the age of each party, the accommodation needs of each party, the input each spouse has made and is likely to make to the welfare of the family, the degree to which the marriage affected each party’s ability to earn, and the conduct of each party.
This is a general guide, and is not an exhaustive list.
In reality, divorce will result in a drop in the standard of living of both parties.
In the event that you are a farmer and about to get married or are thinking about getting engaged, consideration should be given to putting a pre-nuptial agreement in place (preferably not the night before the big day!)
Care should also be taken also before giving shares to your spouse, or making your spouse a director in the farming business, unless he or she will be taking an active role. It can lead to serious consequences in the event of a divorce.
Finally, there is no magic formula or ‘one size fits all’ solution, but what is important is who you consult and how you approach it, and ensure you think twice before you tie the knot again!
* Karen Walsh from Grenagh, Co Cork, comes from a farming background and is a qualified solicitor practicing in CW Ashe & Co Solicitors in Macroom, Co Cork.
